RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04732 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. His AF Form 707, Officer Performance Report (OPR) (Lt thru Col) rendered for the period 3 Aug 10 thru 2 Aug 11 be amended to reflect “meets standards.” 2. His 2 Sep 11, Fitness Assessment (FA) be accepted for this reporting period. APPLICANT CONTENDS THAT: He did not have a current FA test for the OPR closing out 2 Aug 11. However, there were several mitigating circumstances which prohibited him from being current. Specifically, he was told by his counsel at the time not to address the political conditions that surrounded the fight between the local MPF and his unit at the time. This was due to his counsel wishing to keep to facts and leave the surrounding politics out of any documentation. This was the primary cause as to why his Sep 2011 PT Test (97/100 points scored) was not considered by the MPF at the 103 AOG unit commander's discretion. Personal hardship, while a large part of the circumstances surrounding why this happened, was the secondary cause for the occurrence of the referral OPR. He believes he has been caught in a “guard-ism” regarding his location, personal situation, civilian job and unit politics. In support of his request, the applicant provides copies of his AF Forms 707, memorandums, email communique, FA score sheet and various other documents associated with his appeal. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Aug 08, the applicant was appointed a captain in the Connecticut ANG (CTANG). On 13 Apr 12, he was discharged from CTANG having served 3 years, 8 months and 11 days of total service. On 14 Apr 12, the applicant was transferred to the Georgia ANG where is he currently serving. AIR FORCE EVALUATION: NGB/A1PP recommends denial. A1PP states there is no evidence to support the applicant’s claim. AFI 36-2406, Officer and Enlisted Evaluation Systems states “Does Not Meet Standards is defined as having less than a passing FA score or noncurrent as defined in accordance with AFI 36-2905, Fitness Program. A score of less than passing or an expired FA test without a valid exemption requires an evaluation to be referred. Evaluators must comment in section IV (OPR) on a ratee who does not meet standards.” The complete A1PP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluations was forwarded to the applicant on 10 Jan 14, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, the applicant has not provided any evidence that would persuade us that his 2 Sep 11 FA should be used as a basis to amend his OPR to reflect “meets standards.” Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2013-04732 in Executive Session on 7 Aug 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 3 Aug 13, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, NGB/A1PP, dated 13 Dec 13. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.